BVA9501668 DOCKET NO. 93-11 498 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to an increased evaluation for schizophrenia, currently evaluated as 30 percent disabling. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Robert E. O'Brien, Counsel INTRODUCTION The veteran had active service from January 1976 to October 1977. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida, which confirmed and continued a 30 percent schedular rating for the veteran's schizophrenia. REMAND A review of the evidence of record discloses that the veteran has raised the issue of entitlement to a total rating based on unemployability due to his service-connected psychiatric disorder. At the time of VA psychiatric examination in June 1992, he stated he was unable to withstand the stress of working or even applying for a job at the present time because his auditory hallucinations had become more frequent, his anxiety had become more severe, and he had become depressed. At the time of his personal hearing before a hearing officer at the RO in February 1993, he indicated that he had recently begun looking for a job, but his symptoms of anxiety and hearing voices had started coming back. He stated that he also had started getting very irritable and "just didn't see how I could handle it." This raised issue of unemployability has not been developed or adjudicated by the RO. In light of recent decisions of the United States Court of Veterans Appeals (Court) concerning the appropriate disposition of raised, but unadjudicated claims for a total disability rating for unemployability in the context of an appeal for an increased schedular rating, the claim for a total rating for unemployability is referred back to the RO for appropriate action. Kellar v. Brown, 6 Vet.App. 157 (1994). Additional testimony given at the hearing reflected that the veteran was in receipt of Social Security benefits based on the veteran's "mental illness." A review of the claims folder reveals that the veteran was informed in September 1986 that he was entitled to Social Security benefits beginning in December 1985. The records pertaining to the award of Social Security benefits are not in the claims folder. The Court has held that fulfillment of the VA's duty to assist the veteran includes the procurement and consideration of Social Security Administration disability determinations. Waddell v. Brown, 5 Vet.App. 454, 457 (1993). Further testimony at the hearing referred to ongoing treatment on a once monthly basis from a Dr. Acle in Hallandale, Florida. The only information from Dr. Acle is a statement dated in June 1992 referring to treatment in May 1992. The veteran also testified that he was participating in a 12-step program which followed a routine similar to Alcoholics Anonymous. He stated the group met every week. There is no information of record about these sessions. Other information of record reveals that, at the time of VA psychiatric examination in April 1989, the veteran was seeing a vocational counselor every two months. At that time he was attending a vocational technical school. At the time of the February 1993 hearing, he stated that he graduated from the school. There is no information of record regarding any vocational rehabilitation counseling the veteran might have had. The most recent report of psychiatric examination by VA is dated in June 1992. The examination report did not contain any reference to a Global Assessment of Functioning Scale (GAF) score. In light of the foregoing, and the Board's duty to assist the veteran in the development of facts pertinent to his claim, as mandated by 38 U.S.C.A. § 5107(a) (West 1991), the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and request that he provide the names and addresses of all health care providers who have treated him for a psychiatric disability in the recent past, specifying the approximate dates of treatment, if possible. Then, after any necessary authorization is obtained from him, the RO should obtain copies of any treatment records identified by him which have not already been associated with the claims folder. Of particular interest are records from Dr. Acle (sp?) in Hallandale, Florida, and any records from the facility where the veteran has reported participating in a 12- step program. 2. The RO should obtain from Social Security Administration (SSA) copies of its award decision dated in September 1986 and the medical reports upon which it based its award of benefits to the veteran. 3. A VA social and industrial survey should be conducted in order to clarify the veteran's medical, social, educational, and employment history. The social worker should elicit and set forth pertinent facts regarding the veteran's medical history, education, employment history, social adjustment, and current behavior and health. The social worker should also offer an assessment of the veteran's current functioning and identify the conditions which limit his employment opportunities. The claims folder must be made available to the social worker in conjunction with the survey, as it contains important historical data. 4. The RO should determine whether a vocational rehabilitation folder exists for the veteran and, if so, it should be associated with the claims folder. 5. Thereafter, the veteran should be afforded a VA psychiatric examination for the purpose of ascertaining the current nature and extent of his schizophrenia. The board-certified psychiatrist, if available, should express an opinion as to the impact of the veteran's psychiatric symptomatology on his ability to obtain and maintain some form of gainful employment. Comprehensive information should be obtained and reported in accordance with the VA Physician's Guide for Disability Evaluation Examinations (1985). The examiner should express an opinion as to the veteran's level of functioning as measured by the GAF scale, as reflected in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (3rd ed. revised 1987) (DSM-III- R). He or she should explain the significance of the score. The claims folder should be made available for review by the examiner. 6. Thereafter, in light of the evidence obtained pursuant to the requested development, the RO should readjudicate the claim for an increased schedular rating for schizophrenia and adjudicate the claim for a total compensation rating based on unemployability. If the benefits sought on appeal are not granted to the veteran's satisfaction, the RO should issue a supplemental statement of the case and the veteran and his representative should be provided an opportunity for a timely ,response. Thereafter, the case should be returned to the Board for further consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is notified by the RO. Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1993).